Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. have you spoken to your employers about your medical condition
No. I only thought about it after the counselling session. I am expecting them to speak to me again within the next couple of weeks to see if I want to change my shift pattern.
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Also I meant first 11 years was okay.
ok thank you for that
Many thanks for your patience. I understand that the lateness is not something that you do on purpose and often it is something that you cannot help, but the employer may not necessarily know that and until they either find out about this rom you or you provide them with further information such as from your doctor.
So the key is to keep them in the loop about this, advise them that there could be an explanation for your lateness and in the meantime ensure that you undergo the necessary tests to determine if you do have this condition, or something else that could explain this. Ask them for a delay in making a decision on what to do with you until you have a better idea of what may be causing this.
Once the results have returned and you may potentially be able to show that this was due to the condition, then you may consider your next steps. The best argument would be if you can show that this amounts to a disability in law. In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.
The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
I will break this definition down:
If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.
What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:
So you could consider whether there are any adjustments that could be made to assist you with your condition and to enable you to continue your job with as few disruptions as possible. But first you need to get a more formal understanding of what may be causing your actions and take it from there.
Hope this clarifies your position?
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks
Hi, thanks for your response. Your response was very helpful. I could not go into too much further detail about the nature of my job, or my personal circumstances, but I think that you understood what the situation was. I will now proceed to rate the service.